When a marriage has irretrievably broken down, Section 13B of the Hindu Marriage Act 1955 provides a civilized, dignified route for parties to dissolve the union by mutual agreement without mudslinging.
First Motion Petition
Both spouses file a joint petition supported by affidavits detailing terms of permanent alimony, return of Stridhan, and custody of minor children. Statements are recorded on oath.
Supreme Court Waiver of Cooling-Off Period
While Section 13B(2) prescribes a 6-month cooling period, the Supreme Court in Amardeep Singh v. Harveen Kaur held that family courts possess discretion to waive this period if all disputes stand settled and reconciliation is impossible.